Hawaii Passes Bad Hemp Law. Again.

Of all the states, Hawaii has the most difficulty with hemp and the laws of botany, being at 20° latitude north. Cannabis at that latitude increases THC and doesn’t flower when you want it to, compared to the north.

If a state wanted to protect downwind medical grows, they would mandate growing hemp female-only. Hawaii didn’t. The state’s natural advantage might be in growing terpy flowers for smoking, but they banned that. The state could have explicitly legalized CBD in foods, like many others have. Or it could have gone 10th Amendment like Colorado did, with 1% max THC. Instead, they killed the state hemp program so farmers can go direct to USDA.

Decades of hobbling Hawaii with bad hemp laws have come home to roost. How to drown hemp before it even gets started? Like this.




“Hemp product” means a product that:

(1) Contains naturally occurring cannabinoids, compounds, concentrates, extracts, isolates, resins or derivatives from processed hemp;

(2) Does not include any living hemp plants, viable seeds, leaf materials, or floral materials;

     (3)  Has a delta-9-tetrahydrocannabinol concentration of not more than 0.3 per cent, as measured post-decarboxylation, or other similarly reliable methods;

(4) Is intended to be consumed orally to supplement the human or animal diet; and

     (5)  Is in the form of a tablet, capsule, powder, softgel, gelcap, or liquid form (e.g. hemp oil) to be used by the consumer to infuse edible items at home for personal use or for topical application to the skin or hair.


(e) No person shall sell, hold, offer, or distribute for sale any food, as that term is defined in section 328-1, into which a cannabinoid, synthetic cannabinoid, hemp extract, hemp derivatives or other hemp product that has been added as an ingredient or component. This section shall not apply to hemp that is generally recognized as safe (GRAS) by FDA for use in foods, as intended, in a public GRAS notification.

[“has been added” is different than “contains,” there’s a workaround in there. Only shelled hempseed, hempseed oil, and hemp protein powder is GRAS.]


(h) No person shall sell, hold, offer, or distribute for sale, any hemp leaf or hemp floral material that is intended to be smoked or inhaled, including but not limited to hemp cigars or hemp cigarettes.


(i) Except for hemp products intended for external topical application to the skin or hair, no person shall sell, hold, offer, or distribute for sale any products containing hemp or hemp derivatives that are intended to be introduced via non-oral routes of entry to the body, including but not limited to, use in eyes, ears, and nasal cavities.


Also, transportation authorization and set-backs are onerous. 

This bill ensures Hawaii will continue to be a GMO Paradise for big companies, even for hemp.

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